Can landlords run a background check without permission?

You’re a landlord or property manager trying to find the right tenant for your real estate investment. You want someone reliable, someone who pays rent on time, and someone who respects your property. Naturally, you’re thinking about background checks and comprehensive screening solutions as tools to help you make that choice. 

But then the question pops up: can you just run a quick check without asking? Maybe you think it speeds things up or avoids an awkward conversation. This brings us to the critical topic of conducting a background check without permission .

Let’s be upfront about it. Skipping the consent step feels simpler sometimes, but it opens a door to significant legal trouble and potential issues related to employment law principles spilling over into housing. We get it, screening tenants is crucial for your business, but performing anillegal background check isn’t worth the risk. You need to know the rules surrounding a background check without permission .

Why Landlords Feel the Need for Background Checks 

Finding good tenants is a challenge in the real estate sector. You’re trusting someone with a valuable asset, maybe even your home. It’s perfectly understandable why you’d want as much information as possible before handing over the keys. 

Background checks, including credit check reports, seem like a safety net. They offer a glimpse into an applicant’s financial responsibility. They can also reveal past eviction issues, relevant civil record information, or criminal history that might raise red flags, helping you make informed decisions. 

Ultimately, you’re trying to protect your investment and promote a safe environment for other tenants if you manage multi-unit properties. These checks feel like due diligence, a necessary step involving detailed record searches and potentially history searches in a risky business. 

The Short, Simple Answer: No, You Can’t 

So, can you legally run a background check without asking the applicant first? The answer is a clear and definite no. Federal law strictly requires you to get permission, often referred to as check consent .

Running these checks, including employment screening type checks adapted for tenancy, without explicit consent isn’t just bad practice; it’s against the law. It violates the applicant’s privacy rights significantly. Trying to bypass this step can lead to serious consequences and constitutes an illegal background check .

The main piece of legislation governing this is the Fair Credit Reporting Act, commonly known as the FCRA. This federal law sets the rules for how consumer information, including reports used for background screening , can be collected and used. Understanding employment law related to screening can also provide context, although tenancy has its specific rules. 

Understanding the Fair Credit Reporting Act (FCRA) 

The FCRA was put in place to protect consumers and is enforced by the FTC. It promotes accuracy, fairness, and privacy of information held by consumer reporting agencies (CRAs). These agencies are the companies that compile and sell background reports, offering various screening solutions .

Think of tenant screening reports, credit reports, and criminal history reports used for housing decisions as “consumer reports” under the FCRA. If you use a third-party service, perhaps even one recognized as a leading pre-employment screening service adapting its tech for tenants, to get this information, you absolutely must follow FCRA rules. This applies even if you think you’re just checking easily available public data through database searches .

A cornerstone of the FCRA is the requirement for consent ( check consent ). You cannot ask a CRA for a consumer report on a rental applicant unless you have their written permission first. This isn’t optional; it’s a fundamental rule for any employment screening solutions applied to tenancy. 

Permissible Purpose is Key 

Under the FCRA, you also need a “permissible purpose” to get a consumer report. Screening a potential tenant for a lease agreement qualifies as a permissible purpose. But having a valid reason isn’t enough on its own. 

You must certify to the CRA that you have both a permissible purpose andthe applicant’s written consent. Without both, the CRA cannot legally give you the report, whether it’s for a standard background screening or includes specialized checks like sex offender registry searches . It’s a two-part requirement central to consumer protection and relevant employment law frameworks. 

Disclosure Requirements 

The FCRA also says you have to tell applicants upfront that you might use information from a background screening report for your rental decision. This is typically done through a clear and conspicuous disclosure. Proper disclosure is vital for compliance. 

This disclosure must be separate from the lease application itself; it cannot be buried in fine print. It tells the applicant what you might look into – perhaps including a credit check , criminal monitoring , or even reviewing their driving record if relevant – and that it could affect their application. Transparency is crucial. 

Providing clear notice ensures applicants understand how their information will be used in the pre-employment background screening equivalent for tenants. 

What if You Deny Based on the Report? 

The FCRA also dictates what you must do if you decide notto rent to someone based partly or wholly on the background check. This is called the “adverse action” process. This procedure protects applicant rights. 

Before you officially reject the applicant, you must give them a “pre-adverse action notice.” This includes a copy of the report you used (which might contain details from national database searches or civil record searches ) and a summary of their rights under the FCRA. This gives them a chance to see the information and dispute any errors with the CRA, maybe even consulting with a law firm or employment lawyer if they believe there’s a significant legal issue .

After giving them time to respond (usually a few business days), you can then send the official “adverse action notice.” This notice formally tells them they’ve been denied and provides details about the CRA used and their right to dispute information. Skipping these steps is another serious FCRA violation, turning a standard screening into a potential illegal background check situation. 

What Counts as Valid “Permission”? 

So, what does proper consent ( check consent ) look like? The FCRA specifically requires “written authorization.” This means you need a tangible record of the applicant agreeing to the background screening process. 

The consent form must be clear and unambiguous. It should explicitly state that you are requesting permission to obtain a consumer report for tenant screening purposes, which could include criminal history searches , employment verification if relevant to income proof, or even license verification for specific situations. It should not be hidden within the main rental application document. 

Electronic signatures are generally acceptable under federal law (ESIGN Act), as long as they meet certain requirements and can be integrated via systems like ats integrations used by some screening providers. Make sure any electronic consent process you use is compliant and clearly documents the applicant’s agreement to the record searches .

The High Stakes: Risks of Running a Background Check Without Permission 

Thinking about ignoring the rules? The consequences of running a background check without permission can be severe. It’s really not worth taking the chance on committing an illegal background check .

First, you face significant legal penalties. The Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) enforce the FCRA. Applicants can also sue you directly for violations, potentially engaging a law firm specializing in consumer rights or employment law crossover cases. 

Potential penalties include actual damages suffered by the applicant (which could relate to housing loss or emotional distress, sometimes overlapping with personal injury concepts in damages), punitive damages (designed to punish willful violations), and attorney’s fees and court costs. These lawsuits can become very expensive, very quickly, turning a simple screening into a major legal issue . Fines from government agencies for non-compliance with employment screening standards (applied analogously) can also add up substantially. 

Beyond the direct financial hit, getting caught breaking privacy laws damages your reputation as a landlord or property manager in the real estate market. Word gets around, and future applicants might be wary of renting from you. Building trust through ethical practices, like seeking proper check consent , is hard; losing it is easy. 

Plus, any information you get without proper consent is essentially useless from a legal standpoint. If you try to use illegally obtained information from database searches or history searches to deny housing, you strengthen the applicant’s case against you. You waste time and money on a report you can’t legally act upon. 

State Laws Often Add More Rules 

While the FCRA sets the federal baseline, many states have their own fair credit reporting laws or add consumer protections within their housing codes. These state laws can add more requirements or offer greater protections to consumers regarding background screening and record searches . You need to know both federal and state rules applicable to your practice area of property management. 

Importantly, all 50 states have laws or codes reinforcing the need for written consent ( check consent ) before running a background check on a potential tenant through a CRA. The specific wording might differ, but the principle remains the same: you need permission for pre-employment screening type checks in the housing context. Failing to comply can create a serious legal issue .

Some states might have stricter rules about what kind of information you can consider (like limits on using older criminal records, including sex offender registry details or certain civil record entries) or require specific language in your consent forms. Researching the laws specific to the state and even city where your rental property is located is vital. Sometimes, local law firm expertise might be needed. 

State Consent Requirements at a Glance 

To illustrate, here are the relevant statutes or codes generally requiring landlord compliance, often including consent, across the United States. This list emphasizes the broad requirement for obtaining permission before accessing sensitive data like driving records or conducting national database searches for tenant screening. Remember to consult the full text or legal help for specifics in your area: 

• Alabama: Ala. Code § 35-9A-421. 
• Alaska: Alaska Stat. § 34.03.220(b). 
• Arizona: Ariz. Rev. Stat. § 33-1318(A)(1). 
• Arkansas: Ark. Code Ann. § 18-17-604(a). 
• California: Cal. Civ. Code § 1950.6 related laws, FCRA applies. 
• Colorado: Colo. Rev. Stat. § 38-12-901 et seq., UCCC applies. 
• Connecticut: Conn. Gen. Stat. § 42-470 (CFCRA). 
• Delaware: Del. Code Ann. tit. 25, § 5514. 
• Florida: Fla. Stat. § 83.59, § 760.40 (Fair Housing). 
• Georgia: Ga. Code Ann. § 44-7-34, Fair Business Practices Act. 
• Hawaii: Haw. Rev. Stat. § 521-43, FCRA equivalent. 
• Idaho: Idaho Code § 6-320, Consumer Reporting Act. 
• Illinois: 815 ILCS 505/2Z (Consumer Fraud), FCRA applies. 
• Indiana: Ind. Code § 32-31-5-6. 
• Iowa: Iowa Code § 562A.11. 
• Kansas: Kan. Stat. Ann. § 58-2565. 
• Kentucky: Ky. Rev. Stat. Ann. § 383.580. 
• Louisiana: La. Rev. Stat. Ann. § 9:3251. 
• Maine: Me. Rev. Stat. tit. 14, § 6027. 
• Maryland: Md. Code Ann. , Real Prop. § 8-218. 
• Massachusetts: Mass. Gen. Laws ch. 186, § 15B, MGL c.93A. 
• Michigan: Mich. Comp. Laws § 554.601a, § 554.631. 
• Minnesota: Minn. Stat. § 504B.173, § 504B.177. 
• Mississippi: Miss. Code Ann. § 89-8-13. 
• Missouri: Mo. Rev. Stat. § 441.060, § 535.300. 
• Montana: Mont. Code Ann. § 70-24-312. 
• Nebraska: Neb. Rev. Stat. § 76-1416. 
• Nevada: Nev. Rev. Stat. § 118A.200, § 118A.300. 
• New Hampshire: N.H. Rev. Stat. Ann. § 540-A:7. 
• New Jersey: N.J. Stat. Ann. § 46:8-28. 
• New Mexico: N.M. Stat. Ann. § 47-8-37. 
• New York: N.Y. Real Prop. Law § 231-a. 
• North Carolina: N.C. Gen. Stat. § 42-42. 
• North Dakota: N.D. Cent. Code § 47-16-08. 
• Ohio: Ohio Rev. Code Ann. § 5321.13. 
• Oklahoma: Okla. Stat. tit. 41, § 115. 
• Oregon: Or. Rev. Stat. § 90.295. 
• Pennsylvania: 68 Pa. Stat. Ann. § 250.511. 
• Rhode Island: R.I. Gen. Laws § 34-18-26. 
• South Carolina: S.C. Code Ann. § 27-40-420. 
• South Dakota: S.D. Codified Laws § 43-32-34. 
• Tennessee: Tenn. Code Ann. § 66-28-521. 
• Texas: Tex. Prop. Code Ann. § 92.015, § 92.3515. 
• Utah: Utah Code Ann. § 57-22-5. 
• Vermont: Vt. Stat. Ann. tit. 9, § 4467. 
• Virginia: Va. Code Ann. § 55.1-1202, § 55.1-1203. 
• Washington: Wash. Rev. Code § 59.18.257. 
• West Virginia: W. Va. Code § 37-6A-2. 
• Wisconsin: Wis. Stat. § 704.05(4), ATCP 134.05. 
• Wyoming: Wyo. Stat. Ann. § 1-21-1206. 

This list highlights the widespread legal requirement for landlord compliance, which invariably includes getting tenant permission ( check consent ) for background checks conducted through CRAs. Always check the current laws in your specific city and state, as local ordinances can add even more layers to employment background check equivalents for tenants. Consider consulting a local law firm if unsure about specific jurisdictional requirements. 

What Information Requires This Consent? 

Consent isn’t just for one specific type of check. It generally covers the full range of information typically included in tenant background screening reports provided by CRAs. This includes everything from financial stability indicators to safety-related checks. 

This includes credit check reports, which show credit scores, payment history, and debt levels. It also covers criminal background checks, revealing felony and misdemeanor convictions found through criminal history searches or ongoing criminal monitoring services. Eviction history reports, derived from civil record searches , also fall under this umbrella, as could checks against the sex offender registry (registry searches or offender registry searches ).

Basically, if you are using a third-party service (a CRA) to compile personal information about an applicant – potentially including employment verification , academic verification for student housing, reference checks , license verification , driving record details ( driver record ), social security number verification, or even results from drug screening if permissible for housing in specific contexts – to evaluate their tenancy risk, you need that applicant’s written permission. No ifs, ands, or buts about requiring check consent .

Getting Consent the Compliant Way 

Getting permission ( check consent ) correctly isn’t complicated. It just needs to be part of your standard application process for pre-employment background screening adapted for tenants. Make it transparent and straightforward for everyone involved. 

First, make the consent form a separate document from the main rental application. This clarifies its importance and prevents it from being overlooked. Use plain language explaining that you will be requesting a consumer report and what it might include (e.g., credit check , criminal history searches , eviction record searches , potentially sex offender registry searches ).

Be specific about who is authorized to get the report (you or your property management company). Also, clearly state that the information from the background screening will be used solely for tenant screening purposes. Keep a signed copy of this authorization for your records – typically for at least five years, based on FCRA record-keeping suggestions, similar to standards in employment background checks. 

What About Checking Public Records Myself? 

You might wonder if you can just look up public records online yourself without needing consent, performing your own record searches or database searches . This is a gray area and generally discouraged. While some court records ( civil record , criminal records), sex offender registry lists, or even basic license verification data might be publicly accessible, problems arise quickly. 

Using information found this way (e.g., through national database searches or manual history searches ) to make housing decisions can still potentially lead to claims of discrimination or unfair practices if not handled carefully. FCRA rules specifically apply when you use a CRA, but fair housing laws apply regardless of how you get the information. An applicant denied based on potentially inaccurate DIY record searches could raise a significant legal issue .

Also, relying on raw public data can be risky. Records might be outdated, inaccurate (maybe related to family law proceedings misidentified), belong to someone else with a similar name, or lack context needed for fair evaluation. CRAs, often offering trusted employment screening level services adapted for tenants, typically have processes to verify information and comply with regulations, which you might lack doing it yourself. 

It’s far safer and more compliant to use a reputable pre-employment screening service (that offers tenant screening) which handles the FCRA requirements, including obtaining proper check consent for background screening and credit check reports, as part of their standard procedure. 

The Role of Professional Tenant Screening Services 

Working with a professional tenant background screening service can simplify compliance. These companies understand the FCRA and state laws applicable to the real estate sector. They build the consent ( check consent ) process directly into their system, often leveraging technology similar to ats integrations used in hiring. 

For instance, here at RentSafe, we provide comprehensive screening solutions . We always ask for explicit permission directly from the applicant before we run any background screening , including credit check reports, criminal history searches , and eviction record searches . This approach is designed to help landlords like you reduce compliance risks associated with illegal background check possibilities. 

Good employment screening solutions providers, including those specializing in tenant checks, won’t even process a request without confirmed applicant consent. This acts as a safeguard for you, whether you need basic employment verification proxies or complex criminal monitoring . They provide the necessary disclosures and authorization forms, possibly even facilitating electronic i- processes where applicable, making the process smoother and more legally sound than attempting database searches alone. 

Below is a table summarizing key compliance steps: 

Compliance Step	Requirement under FCRA	Why it Matters
Permissible Purpose	Must have a valid reason (e.g., tenant screening) to request a report.	Prevents accessing sensitive data without justification.
Clear Disclosure	Provide a separate, clear written notice about requesting a consumer report.	Informs the applicant upfront about the background screening .
Written Consent ( Check Consent )	Obtain the applicant’s explicit written authorization before ordering the report.	The core requirement; proceeding without it is an illegal background check .
Pre-Adverse Action Notice	If considering denial based on the report, provide a copy and summary of rights first.	Allows applicant to review information and dispute errors.
Adverse Action Notice	If finalizing denial, provide official notice including CRA details.	Formally communicates the decision and preserves applicant rights.

Are There ‘Workarounds’? (Spoiler: Not Recommended) 

Some might think about informal checks, like extensively searching Google or social media profiles for insights beyond standard reference checks or academic verification . This is generally a bad idea for formal tenant screening. The information found can be unreliable, context-free, misleading, or violate privacy expectations. 

More importantly, making decisions based on protected characteristics (like race, religion, family law status, national origin) discovered through social media can lead to serious fair housing violations. It’s very difficult to prove you didn’t use potentially discriminatory information found online once you’ve accessed it during your informal history searches . This creates a huge legal issue risk. 

Sticking to the formal, consent-based background screening process through a compliant service – perhaps one known as a leading pre-employment screening service or wnyâs leading pre-employment screening provider extending into tenant checks – is the only reliable and legally defensible way to screen tenants thoroughly and fairly. This avoids the pitfalls of an illegal background check .

Conclusion on permission for rental background checks

The bottom line is clear: you absolutely obtain explicit, written permission ( check consent ) from a rental applicant before running a background screening through a consumer reporting agency. Attempting a background check without permission violates federal law (the FCRA) and likely state laws too, exposing you to lawsuits, fines, and reputational damage. This is a critical legal issue for anyone in the real estate business. 

Getting consent isn’t just a legal formality; it respects the applicant’s privacy rights and sets a foundation of trust. Integrate clear disclosure and authorization forms into your application process, ensuring you cover all necessary checks like credit check reports, criminal history searches , and possibly driving record or sex offender registry searches if applicable and disclosed. Working with compliant screening solutions partners like RentSafe, who prioritize getting applicant consent upfront for trusted employment screening level checks, further helps you meet these legal requirements confidently. 

Protecting your investment is important, but doing it legally is essential. Don’t take shortcuts with something as critical as a background check without permission – stick to the rules, use reliable employment screening solutions adapted for tenancy, and screen tenants the right way to avoid turning a standard procedure into an illegal background check .

Maximize your leasing team’s efficiency with RentSafe, the simplest and most powerful tenant screening platform available. After growing our own property management company to 1,500 units, we built RentSafe to get our vacancies filled faster and empower our leasing team to stay effortlessly organized. You can create an account in seconds (no credentialing required) and start screening tenants in minutes! RentSafe is always free for landlords and property managers, so you can try it with no risk! If you have any questions about our tenant screening software, you can reach out any time!